Family, legislators urging Department of Correction to appeal

Family of the woman Michelle Kosilek murdered when she was known as Robert Kosilek, said Saturday that they are angry and saddened over a judge’s decision to allow taxpayers to pay for sexual reassignment surgery.

U.S. District Judge Mark Wolf ruled Tuesday in the case of Kosilek, a transgender inmate serving life in prison for murder. Wolf said the Department of Correction must provide the taxpayer-funded surgery because it is the only way to treat Kosilek's "serious medical need."

Kosilek was born male but has received hormone treatments and now lives as a woman in an all-male prison. Kosilek was named Robert when married to Cheryl Kosilek and convicted of murdering her in 1990.

Catherine Landry and Susan Ohannessian are Cheryl Kosilek’s nieces. They said the ruling is a waste of taxpayer dollars.

"I had extreme anger and then I was very sad," Ohannessian said.

Calling him a “master manipulator," Ohannessian said a convicted murderer should not have the right to such a procedure and that Kosilek blackmailed Judge Wolf.

"He black mailed him with threats of future suicide and castration in order to get his own way,” she said. "It was a mistake to give him an ounce of time to go forth from day one, change name, hormone therapy to this charade."

The sisters said this entire battle has devastated their family, the stress of it contributing to taking the life of their mother, who died of breast cancer.

"People who have been convicted of murder, a brutal murder, should not have the right to reach out from behind prison walls and torture family continuously," said Mark Ohannessian, Susan’s husband. "They should just shut up and do their sentence."

A group of 50 Massachusetts legislators has since asked the state Department of Correction to appeal the ruling.

Sen. Minority Leader Bruce Tarr, a Republican from Gloucester, said the group is "greatly troubled" by the court's finding that the Eighth Amendment protection against cruel and unusual punishment requires the state to provide the surgery.

The group sent a letter Thursday to DOC Commissioner Luis Spencer. The letter argues that if the ruling is left standing, it "will compel an absurd action" by the department.

"Judge Wolf -- he needs to take a step down and throw his robe away," said Landry.

Cheryl Kosilek’s family members said they will also urge the Department of Correction to appeal.

"Robert Kosilek took Cheryl's voice away from her but he will not take mine. He doesn't have the right. That's my right," Ohannessian said. "And as long as I have this much of a right I 'm going to speak up every single time."